IHC issues notices on plea seeking criminal proceedings in PIMS nursery fire

Court suspends order dismissing plea for registration of FIR over deaths of 15 children

ISLAMABAD:

The Islamabad High Court (IHC) on Tuesday issued notices to the federal government and others in a petition seeking registration of a case over the deaths of children in the Pakistan Institute of Medical Sciences (PIMS) tragedy and compensation for the affected families.

Fourteen newborn babies were killed on August 26 after a fire broke out on the third floor of the Mother and Child Hospital’s ward at the PIMS hospital, while another child died later on September 17.

The notices were issued to the Prime Minister’s Office, Ministry of Health, Establishment Division, Islamabad Healthcare Regulatory Authority, Auditor General, chief commissioner, deputy commissioner, Capital Development Authority, Capital Emergency Services, PIMS executive director, Islamabad inspector general of Police and Federal Investigation Agency director general.

Read: 14 newborns killed in fire at PIMS Hospital in Islamabad

The court also summoned the complete record, including the inquiry report into the incident, and suspended an order passed by a justice of the peace dismissing an application for registration of an FIR.

Justice Khadim Hussain Soomro heard the petition filed by lawyer Riaz Hanif Rahi.

The petitioner told the court that 14 children had caught fire simultaneously in the PIMS incident, while another child died later. He said no FIR had been registered to date over the deaths.

The court asked whether an inquiry had been conducted into the incident. In response, Rahi said the inquiry report had established negligence.

He requested the court to direct the authorities to register an FIR immediately and submit it before the court by the end of the day’s proceedings.

The petitioner further said the justice of peace had dismissed his application for registration of a case because petitions concerning the matter were already pending before the high court.

He maintained that, apart from him, no one had approached the police station with an application, and a case should have been registered. He questioned the purpose of collecting evidence when no criminal case had been registered to pursue the matter.

The court observed that it would summon all reports and evidence and, if negligence was established, direct the registration of cases against those responsible.

After issuing notices to the respondents, the court adjourned further proceedings until November 12.

An inquiry committee presented its interim report to the premier on August 29, which led to the suspension of eight high-ranking officers from PIMS and external agencies, with disciplinary proceedings initiated against them. It also recommended a civil and monetary award for Nurse Razia, who saved a newborn from the fire, while placing the charge nurse and security guard off duty.

Read More: Inquiry report finds systemic, institutional failures at fault in PIMS nursery fire

On September 15, the inquiry committee constituted by the prime minister to investigate the PIMS fire concluded that the tragedy culminated as a result of “systemic and institutional failures”, with the hospital and its senior management bearing primary responsibility for failing to address known safety risks.

The report, based on a 52-point investigation, found that multiple safety measures were either absent, inadequate, not activated in time or had never been independently verified.

The committee concluded that criminal responsibility of an individual would have to be determined separately under the relevant rules and on the basis of available evidence.

It placed primary institutional responsibility on PIMS and its senior management for failing to convert known risks and earlier warnings into an effective safety system.

The inquiry committee recommended immediate fire-safety measures and a comprehensive electrical-safety audit at PIMS. It called for effective fire-detection, alarm, firefighting and evacuation systems, along with dedicated SOPs for newborn evacuation and realistic fire and evacuation drills.